THE CHILDREN (ADOPTION OF) ACT

CHILDREN (ADOPTION OF) 

1 

THE CHILDREN (ADOPTION OF) ACT 

ARRANGEMENT OF SECTIONS 

1. Short title. 

2. Interpretation. 

3. Establishment of Adoption Board. 

Expenses of Board. 

4. Restriction on making arrangement for the adoption of 

children. 

5. Duties of Board. 

6. Provisions relating to arrangements made by Board. 

7. Appeals by persons desirous of adopting children. 

8. Regulations. 

9. Power to make adoption orders. 

10. Restrictions on making adoption orders. 

11. Consent to adoption. 

12. Interim orders. 

13. Evidence of consent of parent or guardian. 

14. Functions of Court as to adoption orders. 

I 

I 

I 

Effects of adoption orders 

15. Rights and duties of parents and capacity to marry. 

16. miation orders, etc. 

17. Intestacies, wills and settlements. 

18. Provisions supplementary to section 17. 

19. Power to make subsequent order in respect of child already 

subject to an order. 

19~. Legitimation. 

20. Jurisdiction and procedure. 

20A. Appeal. 

21. Restriction on advertisements. 

22. Provisions as to existing de fact0 adoptions. 

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2 CHILDREN (ADOPTION OF) 

23. Restriction on sending children abroad for adoption. 

24. Licence to send child abroad for adoption. 

25. Adopted Children Register. 

SCHEDULES 

[The inclusion of this page is authorized by L.N. 248119751

CHILDREN (ADOPTION OF) 3 

THE CHILDREN (ADOPTION OF) ACT 

t2nd January, 1958.1 

L.W 

75 of 1956. 

Artr 

2 of 1964. 

42 of 1969 

3rd sch. 

37 of 1974. 

tl$&!.: 

36 of 1976 

Sch. 

1 of 1979. 

1st sch. 

15 of 1982. 

1. This Act may be cited as the Children (Adoption of) Shorttitle. 

Act. 

2.41) In this Act- Interpretation. 

“adopter” means a person who is proposing to adopt, 

or who has adopted a child in pursuance of an 

adoption order; 

“adoption order” means an order made under section 

9; 

“child” means a person under the age of eighteen U1979 1st Sch. 

years who has never been married; 

“Court” means any court having jurisdiction to make 

adoption orders under this Act (and, accordingly, $22;. 

shall be construed in a manner consistent with 

paragraph (a) of subsection (2) ); 

“guardian” in relation to a child means a person 

appointed by deed or will or by a court of 

competent jurisdiction, to be his guardian; 

“relative” in relation to any child, means a grand- at976 

parent, brother, sister, uncle, aunt, whether of the 

full blood, of the half blood or by affinity, and 

includes, where an. adoption is made in respect 

of the child or any other person, any person who 

would be a relative of the child within the meaning 

of this definition if the adopted person were 

the child of the adopter born in wedlock. 

[The idusion of this page is authorized by L.N. 55/19841


L.Nn. 

149178 

64/80 

(2) In this Act any reference- 

(a) to a Resident Magistrate’s Court, in so far as such 

reference may, apart from this subsection, relate 

to a Resident Magistrate’s Court- 

(i) for a Corporate Area parish, shall (as respects 

any time on or after the 13th day of 

November, 1978) be construed as a reference 

to the Family Court-Corporate Area 

Region; and 

(ii) for a parish within the geographical jurisdiction 

of a Family Court established pursuant 

to Part II of the Judicature (Family Court) 

Act, shall (as respects any time on or after 

the date on which such Court is established) 

be construed as a reference to that Family 

Court; 

(b) to a Resident Magistrate, in so far as it may, apart 

from this subsection, relate to a Resident Magistrate+ 

(i) for a Corporate Area parish, shall (as respects 

any time on or after the 13th day of 

November, 1978) be construed as a reference 

to a Judge of the Family Court-Corporate 

Area Region; and 

(ii) for a parish within the geographical jurisdiction 

of a Family Court established pursuant 

to Part 11 of the Judicature (Family 

Court) Act, shall (as respects any time on 

or after the date on which such Court is 

established) be construed as a reference to 

a Judge of that Family Court. 

(3) In subsection (21, “Corporate Area parish” means 

the parish of Kingston or the parish of Saint Andrew. 

[The inalusion of this page is authorized by L.N. 55/19841


3.41) For the purposes of this Act a Board to be called Establishment 

of 

the Adoption Board (in this Act hereinafter referred to as Adoption 

*Oard. 

the Board) shall be established which shall consist of a 

chairman and not more than nine other members to be 

appointed by the Minister. 

(2) A member of the Board shall hold office for such 3711974 

S. 2 fa). 

period not exceeding two years, as may be specified in the 

instrument appointing him, so, however, that the Minister 

may revoke his appointment before the expiration of such 

period, if he considers it expedient so to do. 

(3) At any meeting of the Board from which the 

chairman is absent the members present shall appoint one 

of their number to officiate as chairman of that meeting. 

(4) The quorum of the Board shall be five. 

(5) The Minister may appoint any person to act in 

the place of any member of the Board in case of the absence 

or inability to act of such member. 

(6) The Board shall have power to regulate their own 

procedure. 

(7) (a) The Board may appoint and employ at such 3711974 

S.2 (b). 

remuneration and on such terms and conditions as it thinks 

fit, such officers, agents and servants as it thinks necessary 

for the proper carrying out of its functions under this Act: 

Provided that no appointment to any post to which an 

annual salary in excess of four thousand dollars is assigned, 

shall be made without the prior approval of the Minister. 

(b) The expenses of the Board (including the re- EXPCUSCS 

of Board. 

muneration of the staff thereof) shall be defrayed out of 

sums provided for the purpose in the annual estimates of 

revenue and expenditure of the Island as approved by the 

House of Representatives. 

(8) The Board may appear and be represented at any 

stage of the proceedings in a Court by one of their officers 

or by any person generally or specially authorized by the 

Board. 

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Restrictioo 

on making 

arrangement 

for the 

adoption of 

children. 

4.41) Subject to the provisions of section 5 of this Act, 

if any person takes part in arranging an adoption for gain 

or reward or in the management or control of a body of 

persons other than the Board which exists wholly or in 

part for the purpose of making arrangements for the 

adoption of children, he shall, on summary conviction 

before a Resident Magistrate be liable to imprisonment for 

a term not exceeding six months, or to a fine not exceeding 

four hundred dollars, or to both such imprisonment and 

such fine. 

(2) For the purposes of this Act, a person shall be 

deemed to make arrangements for the adoption of a child 

if he, not being the parent or guardian of the child, enters 

into or makes any agreement or arrangement for, or for 

facilitating, the adoption of the child by any other person, 

whether the adoption is effected or is intended to be effected, 

in pursuance of an adoption order or otherwise, or if he 

initiates or takes part in any negotiations of which the 

purpose or effect is the conclusion of any agreement Or 

the making of any arrangement therefor, or if he causes 

another so to do. 

Duties of 

Board. 

Provisions 

relating to 

arrangeinents 

made 

by Board. 

21 1964 

s. 3. 

5. It shall be the duty of the Board- 

(a) to make arrangements for the adoption of 

children and for that purpose to receive applications 

from parents, guardians and adopters; 

(b) to do such things and make such investigations 

concerning the adoption of children for the consideration 

of the Court as may be prescribed under 

section 8. 

6.-(1) Where arrangements are made by the Board for 

the adoption of a child, an application to the Court for an 

adoption order in respect of the child shall not be made by 

the adopter until the expiration of a period of three months 

from the date upon which the child is delivered into the care 

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and possession of the adopter pursuant to the arrangements 

and at any time during that period- 

(a) the adopter may give notice in writing to the 

Board of his intention not to adopt the child; or 

(b) the Board may cause notice in writing to be given 

to the adopter of their intention not to allow the 

child to remain in the care and possession of the 

adopter, 

and where a notice is so given, the adopter shall, within 

seven days of the date on which the notice was given, 

cause the child to be returned to the Board for the purpose 

of restoring the child to the parents or guardian. 

d 

(2) The Board shall appoint one or more persons 211964 

s, 3. 

whose duty shall be to keep the child under close supervision 

during the said period of three months in accordance 

with regulations made under this Act. 

(3) If, at the expiration of the said period of three 2/1964 

months, no notice has been given as aforesaid, the adopter '- 3* 

shall within three months from the date upon which that 

period so expired apply to the Court for an adoption order 

in respect of the child or shall give notice in writing to 

the Board of his intention not to apply for such an order, 

and, where notice is so given or where an application for 

an adoption order in respect'of the child is refused by the 

Court, the adopter shall, within seven days of the date on 

which the nctice was given or of the date upon which the 

application is so refused, as the case may be, cause the 

child to be returned to the Board for the purpose of 

restoring the child to the parents or guardian. 

(4) Any person who contravenes the provisions of 

this section shall be liable, on summary conviction before 

a Resident Magistrate, to imprisonment for a term of six 

months, or to a fine of one hundred dollars or to both such 

imprisonment and such fine, and the Court by which the 

offender is convicted may order any child in respect of 

-- 

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Appealsby 

persons 

desirous 

whom the offence is committed to be returned to his 

parents or guardian or to the Board. 

7. Where any person has made representations to the 

Board with a view to the adoption of a child, and the 

:;$$,? Board are of the opinion that the adoption of the child by 

such person would not be in the best interests of the child, 

the Board shall notify such person accordingly, and such 

person may appeal from the decision of the Board to a 

Judge in Chambers. 

Regulations. 8.--(1) The Minister may make regulations- 

(a) for regulating the conduct of negotiations entered 

into by or on behalf of the Board with persons 

having the car2 and possession of children who 

are desirous of causing children to be adopted, 

and in particular for securing- 

(i) that, where the parent or guardian of a 

child proposes to place the child at the 

disposition of the Board with a view to the 

child being adopted, he shall be furnished 

with a memorandum in the prescribed 

form explaining in ordinary language the 

effect, in relation to his rights as a parent 

or guardian, of the making of an adoption 

order in respect of the child, and calling 

attention to the provisions of this Act and 

of any rules made hereunder relating to the 

consent of a parent or guardian to the 

making of such an order; and 

(ii) that, before so placing the child at the 

disposition of the Board, the parent or 

guardian shall sign a document in the 

prescribed form verifying that he has read 

or had read and understood the said 

memorandum; 

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(6) for requiring that the case of every child proposed 

to be delivered by or on behalf of the Board into 

the care and possession of an adopter shall be 

considered by a committee (to be called a “case 

committee”) comprised of not less than three 

members of the Board; 

(c) for prescribing, in the case of every such child 

as aforesaid, the inquiries which must be made 

and the reports which must be obtained by the 

Board in relation to the child and the adopter 

for the purpose of ensuring, so far as may be, 

the suitability of the child and the adopter 

respectively, and, in particular, for requiring 

that a report on the health of the child and 

prospective adopter signed by a duly qualified 

’ medical practitioner must be obtained by the 

Board; 

(d) for securing that no such child shall be delivered 

into the care and possession of an adopter by or 

on behalf of the Board until the adopter has been 

interviewed by the case committee or by some 

person on their behalf, until a representative of 

the committee has inspected any premises in the 

Island in which the adopter intends that the child 

should reside permanently, and untd the committee 

have considered the prescribed reports; 

(e) 

for making provision for the care and supervision 

of children who have been placed by their parents 

or guardians at the disposition of the Board; 

(f, generally for carrying out the purposes of this 

Act. 

(2) Any person who contravenes or fails to comply 

with any of the provisions of a regulation made under this 

section shall be liable, on summary conviction before a 

Resident Magistrate, to a fine of fifty dollars and, in the 

case of a second or subsequent conviction, to a fine of 

one hundred dollars. 



First 

Schedule. 

(3) Until varied or revoked by regulations made by 

the Minister under the provisions of subsection (I), the 

Regulations contained in the First Schedule shall be in force. 

Power to 9.--(1) Subject to the provisions of this Act, the 

make 

adoption Court may, upon an application made in the prescribed 

orders. 

manner by a person domiciled in the Island make an order 

authorizing the applicant to adopt a child. 

(2) An adoption order may be made on the 

application of two spouses authorizing thein jointly to 

adopt a child. 

(3) An adoption order may be made authorizing 

the adoption of a child by the mother or father of the child, 

either alone or jointly with her or his spouse. 

Restrictions 

on making 

adoption 

1/1979 

1st Sch. 

10.41) An adoption order shall not be made in respect 

of a child unless the applicant or, in the case of a joint 

application, one of the applicants- 

(a) has attained the age of twenty-five; or 

(b) has attained the age of eighteen and is a relative 

of the child; or 

(c) is the mother or father of the child. 

(2) An adoption order shall not be made in respect 

of a child who is a female in favour of a sole applicant 

who is a male, unless the Court is satisfied that there are 

special circumstances which justify as an exceptional 

measure the making of an adoption order. 

(3) Except as provided by subsection (2) of section 

9, an adoption order shall not be made authorizing more 

than one person to adopt a child. 

(4) Subject to the provisions of section 11, an adoption 

order shall not be made- 

(a) in any case, except with the consent of every 

person who is a parent or guardian of the child or 



who is liable by virtue of any order or agreement 

to contribute to the maintenance of the child; 

(h) on the application of one of two spouses, except 

with the consent of the other spouse. 

(5) Subject to subsection (6), an adoption order shall ~!l~~‘$. 

not be made unless the applicant and the child reside in 

the Island. 

(6) An adoption order may be made on the applica- ;!1:6pb). 

t ion of a person who, although domiciled in Jamaica, is 

not ordinarily resident in Jamaica; so, however, that in 

relation to such an application the provisions of this Act 

shall be modified by the substitution in subsections (l),(2j 

and (3) of section 6 of the words “period of six months’’ 

for the words “period of three months”. 

11.-(1) The Court may dispense with any consent Consentto 

adoption. 

required by paragraph (a) of subsection (4) of section 10 

if it is satisfied- 

(a) in the case of a parent or guardian of the child, 

that he has abandoned, neglected or persistently 

ill-treated the child or has persistently failed with- 211964 

s. 5. 

out reasonable cause- 

(i) to discharge the obligations of a parent or 

guardian of the child; or 

(ii) to demonstrate interest in the child; 

(b) in the case of a person liable by virtue of an 

order or agreement to contribute to the 

maintenance of the child, that he has persistently 

neglected or refused so to contribute; 

(c) in any case, that the person whose consent is 

required cannot be found or is incapable of giving 

his consent or that his consent is unreasonably 

withheld or for any other reason such consent 

should be dispensed with. 

(2) The Court may dispense with the consent of the 

spouse of an applicant for an adoption order if satisfied 


12 CHILDREh' (ADOPTION OF) 

that the person whose consent is to be dispensed with 

cannot be found or is incapable of giving the consent or 

that the spouses have separated and are living apart and 

that the separation is likely to be permanent. 

(3) The consent of any person to the making of an 

adoption order in pursuance of an application (not being 

the consent of the child) may be given (either unconditionally 

or subject to conditions with respect to the 

religious persuasion in which the child is to be brought up) 

without knowing the identity of the applicant for the 

order; and where consent so given by any person is 

subsequently withdrawn on the ground only that he does 

not know the identity of the applicant, his consent shall 

be deemed for the purposes of this section to be unreasonably 

withheld. 

(4) While an application for an adoption order in 

respect of a child is pending in any Court, any parent or 

guardian of the child who has signified his consent to the 

making of an adoption order in pursuance of the application 

shall not be entitled, except with the leave of the 

Court, to remove the child from the care and possession of 

the applicant; and in considering whether to grant or 

refuse such leave the Court shall have regard to the welfare 

of the child. 

Interim 12.-(1) Subject to the provisions of this section, the 

orders. 

Court may, upon an application for an adoption order, 

postpone the determination of the application and make 

an interim order giving the custody of the child to the 

applicant for a period not exceeding two years by way of 

a probationary period upon such terms as regards 

provision for the maintenance and education and supervision 

of the welfare of the child and otherwise as the 

Court may think fit. 

(2) All such consents as are required to an adoption 

order shall be necessary to an interim order but subject to 



a like power on the part of the Court to dispense with any 

such consent. 

(3) An interim order shall not be deemed to be an 

adoption order within the meaning of this Act. 

13.-(1) Where any person whose consent to the making EVldefla 

of an adoption order is required by paragraph (a) of sub- of 

section (4) of section 10 does not attend in the proceedings Or gar-la*. 

for the purpose of giving it, then, subject to the provisions 

of subsection (3), a document signifying his consent to the 

making of such an order shall, if the person in whose 

favour the order is to be made is named in the document 

or (where the identity of that person is not known to the 

consenting party) is distinguished therein in the prescribed 

manner, be admissible as evidence of that consent, whethzr 

the document is executed before or after the commencement 

of the proceedings. 

(2) Where any such document is attested by a 

Justice of the Peace the document shall be admissible as 

aforesaid without further proof of the signature of the 

person by whom it is executed; and for the purposes of this 

subsection, a document purporting to be attested as aforesaid 

shall be deemed to be so attested, and to be executed 

and attested on the date and at the place specified therein, 

unless the contrary is proved. 

(3) A document signifying the consent of the mother 

of a child shall not be admissible under this section unless- 

(a) the child is at least six weeks old on the date 

of the execution of the document; and 

(b) the document is attested on that date by a Justice 

of the Peace. 

ofparent consent 

14.-(1) The Court before making an adoption order Functionsd 

Court as to 

shall be satisfied- 

adoption 

orders 

(a) that every person whose consent is necessary under 

this Act, and whose consent is not dispensed with, 



duties of 

parents and 

capacity to 

marry. 

has consented to and understands the nature and 

effect of the adoption order for which application 

is made, and in particular in the case of any parent 

understands that the effect of the adoption order 

will be permanently to deprive him or her of his 

or her parental rights; 

(h) that the order if made will be for the welfare of 

the child, due consideration being for this 

purpose given to the wishes of the child, having 

regard to the age and understanding of the child; 

and 

(c) that the applicant has not received or agreed to 

receive, and that no person has made or given or 

agreed to make or give to the applicant, any 

payment or other reward in consideration of the 

adoption except such as the Court may sanction. 

(2) The court in an adoption order may impose 

such terms and conditions as the court may think fit, and 

in particular may require the adopter by bond or otherwise 

to make for the child such provision (if any) as in the 

opinion of the court is just and expedient. 

Eflects of adoption ovders 

Rightsand lS.-(l) Upon an adoption order being made, all rights, 

duties, obligations and liabilities of the parents or 

guardians of the child in relation to the future custody, 

maintenance and education of the child, including all 

rights to appoint a guardian and to consent or give notice 

of dissent to marriage, shall be extinguished, and all such 

rights, duties, obligations and liabilities shall vest in and 

be exercisable by and enforceable against the adopter as 

if the child were a child born to the adopter in lawful 

wedlock; and in respect of the matters aforesaid the child 

shall stand to the adopter exclusively in the position of a 

child born to the adopter in lawful wedlock. 

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(2) In any case where two spouses are the adopters, 

the spouses shall in respect of the matters aforesaid, and for 

the purpose of the jurisdiction of any court to make 

orders as to the custody and maintenance of and right of 

access to children, stand to each other and to the child in 

the same relation as they would have stood if the child had Sch. 

been born to them, and the child’s relationship to them 

respectively shall be determined accordingly. 

(3) For the purpose of the law relating to marriage, 

an adopter and the person whom he has been authorized to 

adopt under an adoption order shall be deemed to be 

within the prohibited degrees of consanguinity; and the 

provisions of this subsection shall continue to have effect 

notwithstanding that some person other than the adopter 

is authorized by a subsequent order to adopt the same 

child. 

361 1976 

Affiliation 

etc. 

16.-( 1) Where an adoption order is made in respect of a 

child who is not born in lawful wedlock, then, subject to 3’!976 

the provisions of this section, any affiliation order or decree 

of affiliation in force with respect to the child, and any 

agreement whereby the father of the child has undertaken 

to make payments specifically for the benefit of the child, 

shall cease to have effect, but without prejudice to the 

recovery of any arrears which are due under the order, 

decree or agreement at the date of the adoption order. 

(2) Where a child to whom any such order, decree 

or agreement as aforesaid relates is adopted by his mother, 

and the mother is a single woman, the order shall not cease 

to have effect by virtue of the foregoing subsection upon 

the making of the adoption order, but shall cease to have 

effect if she subsequently marries. 

17.-(1) Where, at any time after the making of an btestacies, wills and 

adoption order, the adopter or the adopted person or any Mttlements. 

other person dies intestate in respect of any real or 

[The inclusion of this page is authorized by L.N. 31/1977l


personal property (other than property subject to an 

entailed interest under a disposition made before the date 

of the adoption order), that property shall devolve in all 

respects as if the adopted person were the child of the 

adopter born in lawful wedlock and were not the child of 

any other person. 

(2) In any disposition of real or personal property 

made, whether by instrument inter vivos or by will 

(including codicil), after the date of an adoption order- 

(a) any reference (whether express or implied) to a 

child or children of the adopter shall, unless the 

contrary intention appears, be construed as, or 

as including, a reference to the adopted person; 

(b) any reference (whether express or implied) to 

the child or children of the adopted person’s 

natural parents or either of them shall, unless 

the contrary intention appears, be construed as 

not being, or as not including, a reference to the 

adopted person; and 

(c) any reference (whether express or implied) to a 

person related to the adopted person in any 

degree shall, unless the contrary intention 

appears, be construed as a reference to the 

person who would be related to him in that degree 

if he were the child of the adopter born in lawful 

wedlock and were not the child of any other 

person. 

Provisio~ 18.41) For the purposes of the devolution of any 

mentary to property in accordance with the provisions of section 17, 

sxtio*17. and for the purposes of the construction of any such disposition 

as is mentioned in that section, an adopted person 

shall be deemed to be related to any other person being 

the child or adopted child of the adopter or (in the case 

of a joint adoption) of either of the adopters- 

m e inclusion of this page is authorized by LN. 31/1977]


(a) where he or she was adopted by two spouses 

jointly, and that other person is the child or 

adopted child of both of them, as brother or 

sister of the whole blood; 

(6) in any other case, as brother or sister of the halfblood. 

(2) For the purposes of subsection (2) of section 17 211964 

S. 6(a). 

and of subsection (4) a disposition made by will or codicil 

shall be treated as made on the date of the death of the 

testator. 

(3) Notwithstanding anything in section 17, trustees 

or personal representatives may convey or distribute any 

real or personal property to or among the persons entitled 

thereto without having ascertained that no adoption order 

has been made by virtue of which any person is or may 

be entitled to any interest therein, and shall not be liable 

to any such person of whose claim they have not had 

notice at the time of the conveyance or distribution; but 

nothing in this subsection shall prejudice the right of any 

such person to follow the property, or any property 

representing it, into the hands of any person, other than a 

purchaser, who may have received it. 

(4) Where an adoption order is made in respect of a 

person who has been previously adopted, the previous 

adoption shall be disregarded for the purposes of the last 

foregoing section in relation to the devolution of any property 

on the death of a person dying intestate after the 

date of the subsequent adoption order and in relation ~ ! l ~ ~ , , 

to any disposition of proprty made or taking effect on the 

death of a person dying after that date. 

(5) Subsection (2) shall not apply in relation to a 

disposition made by will or codicil executed before the 211964 

5th March, 1964, unless the will or codicil is confirmed 

by codicil executed after that date. 

[The inclusion of this page is authorized by L.N. 60/1976] 

S. 6 (c).


211964 

S. 6 (c). 

Power to 

make subsequent 

order 

in respect 

of child 

already 

subject to 

an order. 

211964 

s. 7. 

Legi timation. 

3711974 

s. 3. 

(6) Where an adoption order is made prior to the 

5th March, 1964, a disposition made by will or codicil 

executed before the date of such adoption order shall, notwithstanding 

any rule of law, not be treated for the purposes 

of section 17 as made after the date of the adoption 

order by reason only that, before the 5th March, 1964, the 

will or codicil was confirmed by a codicil executed after 

the date of the adoption order. 

19. An adoption order or an interim order may be made 

in respect of a child who has already been the subject of 

an adoption order, and, upon any application for such 

further adoption order or interim order, the adopter or 

adopters under the adoption order last previously made 

shall be deemed to be the parent or parents of the child 

for all the purposes of this Act. 

19~-( 1) Where a person adopted by his father or mother 

alone has subsequently been legitimated on the marriage of 

his father and mother in accordance with the provisions 

of the Legitimation Act, the Court by which the adoption 

order was made may, on the application of any of the 

parties concerned, revoke that order. 

(2) Where an adoption order is revoked under this 

section, the Court shdll cause the revocation to be communicated 

to the Registrar-General, who shall cause to be 

cancelled- 

(a) the entry in the Adopted Children Register relating 

to the adopted person; and 

(b) the marking with the word "adopted" of any entry 

relating to him in the Register of Births, 

and a copy or extract of an entry in any register, being an 

entry the -marking of which is cancelled under this section, 

shall be deemed to be an accurate copy if and only if both 

the marking and the cancellation are omitted therefrom. 

[The inclusion of this page is authorized by L.N. 60119761

w1 


20.-(1) The Court having jurisdiction to make adoption Jurisdiction 

orders under this Act shall be the Supreme Court of E&dure. 

Judicature or at the option of the applicant, any Resident 

Magistrate’s Court within the jurisdiction of which either 

the applicant or the child resides at the date of the application 

for the adoption order. 

(2) Rules directing the manner in which applications @/I969 

3rd Sch. 

to the Supreme Court are to be made, for regulating appeals 

under section 7, and dealing generally with all the matters 

of procedure therein, and incidental matters arising out of 

this Act, and for carrying this Act into effect shall be 

made by the Rules Committee of the Supreme Court. 

(3) Rules directing the manner in which applications 

to the Resident Magistrate’s Court are to be made and 

dealing generally with all matters of procedure therein shall 

be made by Resident Magistrates authorized to make rules 

under section 135 of the Judicature (Resident Magistrates) 

Act. 

(4) Rules under this section may provide for applications 

for adoption orders being heard and determined 

otherwise than in open Court. 

(5) Until varied or revoked by rules made under 

subsection (2) or subsection (3), the rules contained in 

the Second Schedule shall be in force. 

Second 

schedula 

20~-(1) An appeal shall lie to the Court of Appeal from 2,~;~ 

an order made by any Court referred to in subsection (1) S. 4. 

of section 20 (hereinafter referred to as the Court of first 

instance), or from any refusal to make such order, or from 

the revocation, revival, or variation of such an order. 

(2) The Court of Appeal may, upon the hearing of 

the appeal, confirm, reverse, or modify the decision of the 

Court of first instance or remit the matter, with the opinion 

of the Court of Appeal thereon or for rehearing generally, 

F e 

inclusion of this page is authorized by L.N. 60/1976]

~ 


Restriction 

on advertisements. 

Provisions 

as to 

existing 

de facro 

adoptions. 

to the Court of first instance, or may make such order as 

the Court of Appeal may think just, and may by such order 

exercise any power which the Court of first instance might 

have exercised, and such order shall have the same effect 

and may be enforced in the same manner as if it had been 

made by the Court of first instance. 

(3) The Court of Appeal may also make such order 

as to costs to be paid by either party as the Court of Appeal 

may think just. 

21.-(1) It shall not be lawful for any advertisement to 

be published indicating that- 

(a) the parent or guardian of a child is desirous of 

causing the child to be adopted; or 

(b) a person is desirous of adopting a child, or any 

person (not being the Board) is willing to make 

arrangements for the adoption of a child. 

(2) Any person who causes to be published, or 

knowingly publishes an advertisement in contravention of 

the provisions of this section shall be liable, on summary 

conviction before a Resident Magistrate to a fine not 

exceeding one hundred dollars. 

22. Where at the date of the commencement of this Act 

any child is in the custody of, and being brought up, 

maintained and educated by any person or two spouses 

jointly as his, her or their own child under any de fact0 

adoption, and has for a period of not less than two years 

before such commencement been in such custody, and been 

so brought up, maintained and educated, the Court may, 

upon the application of such person or spouses, and notwithstanding 

that the applicant is male and the child a 

female, make an adoption order authorizing him, her or 

them to adopt the child without requiring the consent of 

any parent or guardian of the child to be obtained, upon 

being satisfied after inquiry by the Board that in all the 



circumstances of the case it is just and equitable and for the 

welfare of the child that no such consent should be required 

and that an adoption order should be made. 

23.41) It shall not be lawful for any person, in connec- Restriction 

on senQng 

tion with any arrangements made for the adoption of a children 

child who is a citizen of Jamaica, to permit, or to cause or $$$$ 

procure, the care and possession of the child to be trans- :!*:(&. 

ferred to a person who is not a citizen of a scheduled 

country or the guardian or a relative of the child and who 

is resident outside the Island. 

(2) It shall not be lawful for any person, in connection 

with any such arrangements as aforesaid, to permit, 

or to cause or procure, the care and possession of such a 

child as aforesaid to be transferred to a person who is a 

2/1w 

citizen of a scheduled country resident outside the Island S. 8(b). 

and who is not the guardian or a relative of the child, unless 

a licence has been granted in respect of the child under 

section 24. 

(3) Any person who contravenes the provisions of 

this section shall be liable on summary conviction before a 

Resident Magistrate to imprisonment for a term not 

exceeding six months or to a fine not exceeding one hundred 

dollars or to both. 

(4) In any proceedings under this section, a report 

by a Jamaican or British consular officer or a deposition 

made before a Jamaican or British consular officer and 

authenticated under the signature of that officer shall be 

admissible in evidence, and it shall not be necessary to 

prove the signature or official character of the person who 

appears to have signed any such report or deposition. 

(5) For the purposes of this section and of section U1964 

S. 8 (c). 

24 “scheduled country” means a country specified m the 

Fifth Schedule. 

me inclusion of this page is authorized by L.N. 60/1976] 

Fifth 

Schedule.


211964 (6) The Minister may from time to time by order 

S. 8 (c). 

amend the Fifth Schedule. 

Licenceto 24.-(1) A Resident Magistrate may grant a licence in 

abroad for the form appearing in the Third Schedule, and subject to 

adoption. such conditions and restrictions as he thinks fit, authorizing 

Third 

Schedule. the care and possession of a child for whose adoption 

2/1964 arrangements have been made to be transferred to a citizen 

s. 9. 

of a scheduled country resident outside the Island; but 

subject to the provisions of this section no such licence 

shall be granted unless the Resident Magistrate- 

(a) is satisfied that the application is made by or with 

the consent of every person who is a parent or 

guardian of the child in question, or who has the 

actual custody of the child, or who is liable to 

contribute to the support of the child; and 

(b) is satisfied by a report of a Jamaican or British 

consular officer or any other person who appears 

to the Resident Magistrate to be trustworthy that 

the person to whom the care and possession of the 

child is proposed to be transferred is a suitable 

person to be entrusted therewith, and that the 

transfer is likely to be for the welfare of the 

child, due consideration being for this purpose 

given to the wishes of the child, having regard to 

the age and understanding of the child. 

(2) The Resident Magistrate may dispense with any 

consent required by paragraph (a) of subsection (1) if satisfied 

that the person whose consent is to be dispensed with 

has abandoned or deserted the child or cannot be found 

or is incapable of giving such consent or, being a person 

liable to contribute to the support of the child, either has 

persistently neglected or refused to contribute to such support 

or is a person whose consent ought, in the opinion 

of the Resident Magistrate and in all the circumstances 

of the case, to be dispensed with. 

F e 

inclusion of this page is authorized by L.N. 60/1976]


(3) Where a Resident Magistrate grants a licence 

under this section, he may authorize the making or receipt 

by any person of any payments in consideration of the 

transfer of the care and possession of the child in respect 

of whom the licence is granted. 

(4) Rules with respect to the application for and 

grant of licences are set out in the Third Schedule, and 

such rules may be added to, varied or revoked by rules ~ 1 9 6 9 

3rd Sch. 

made under or by virtue of subsection (3) of section 20. 

(5) In any proceedings under this section, a report 

by a Jamaican or British consular officer or a deposition 

made before a Jamaican or British consular officer and 

authenticated under the signature of that officer shall be 

admissible in evidence, and it shall not be necessary to 

prove the signature or official character of the person who 

appears to have signed any such report or deposition. 

25.41) The Registrar-General appointed under the Adopted 

Children 

provisions of the Registration (Births and Deaths) Act shall Register. 

establish and maintain at his office a register to be called 

the Adopted Children Register, in which shall be made 

such entries as may be directed to be made therein by 

adoption orders, but no other entries. 

(2) Every adoption order shall contain a direction 

to the Registrar-General to make in the Adopted Children 

Register an entry recording the adoption in the form set 37/1974 

out as Form A in the Fourth Schedule. 

(3) For the purposes of compliance with the requirements 

of subsection (2)- 

(a) where the precise date of the child’s birth is not 

proved to the satisfaction of the Court the Court 

shall determine the probable date of his birth and 

the date so determined shall be specified in the 

order as the date of his birth; 


S. 5 (a) 

Fourth 

Schedule

U 

151 1982 

S. 2 (a). 

CHlLDREN (ADOPTlON OF) 

(b) where the name or surname which the child is to 

bear after the adoption differs from his original 

name or surname the new name or surname shall 

be specified in the order instead of the original 

name, 

and where the country of birth of the child is not proved 

to the satisfaction of the Court, the particulars of that 

country may be omitted from the order and from the entry 

in the Adopted Children Register. 

(3A) In addition, for the purpose of completing a certificate 

pursuant to subsection (6)- 

(a) where the place of birth of the child is not proved 

to the satisfaction of the Court, the Court shall 

deem the place of birth to be either- 

(i) if the registration district in which the child 

was born is proved to the satisfaction of the 

Court, that district; or 

(ii) in any other case, the place in which the 

Court granting the adoption order is situated; 

and 

(b) where the registration district in which the child 

was born is not proved to the satisfaction of the 

Court, the Court shall deem the registration district 

to be the registration district in which the Court 

granting the adoption is situated, 

and for the purpose of this subsection, in default of other 

reliable information with regard to the parish of birth and 

place of birth, the adoption record of the Court granting 

the adoption order shall be deemed to be the Register Book 

with respect to 'the parish of birth and place of birth. 

(4) The Court shall cause every adoption order to be 

communicated to the Registrar-General, and upon receipt of 

such communication the Registrar-General shall cause 

compliance to be made with the directions contained in 

[The indusion of this page is authorized by L.N. 55/19841


such order in regard both to marking any entry in the 

Register of Births with the word “adopted” and in 

regard to making the appropriate entry in the Adopted 

Children Register. 

(5) A certified copy of any entry in the Adopted 3711974 

S. 5 (b). 

Children Register if purporting to be signed by the 

Registrar-General shall, without any further or other proof 

of such entry where the entry is made in accordance with 

subsection (4), be received as evidence of the adoption to 

which the same relates. 

(6) Any person, upon making application and upon 

payment of the prescribed fee, shall be entitled to obtain 

from the Registrar-General a certificate in the form set out 

as Form B in the Fourth Schedule, of the birth of any FOP& 

person compiled from the Adopted Children Register which 

certificate shall be evidence of the date of birth of the 

adopted child to which it relates in all respects as though 

the same were a certified copy of an entry in the Register 

of Births, but no such certificate shall include any particulars 

other than the name, surname, sex and date and place 

of birth, and such other particulars if any, as may from 

time to time be prescribed, not being particulars relating 

to parentage or to adoption : 

Provided that the Registrar-General may refuse to issue 

a certified copy or a certificate under this section in any case 

where there are reasonable grounds to suspect that such 

certified copy or certificate will be used for an unlawful 

purpose. 

(7) The Registrar-General shall cause an index of 

the Adopted Children Register to be made and kept in his 

office, and every person shall be entitled to search such 

index and to have a certified copy of any entry in the 

Adopted Children Register in all respects upon, and 

subject to the same terms, conditions and regulations as to 

me inalusion of this page is authorized by L.N. 55/19841 

Schedule.


1 5 / 1982 

S. 2 (b). 

1511 982 

S. 2 (b). 

payment of fees and otherwise as are applicable under the 

Registration (Births and Deaths) Act, in respect of 

searches in indices relating to births and deaths kept in 

the office of the Registrar-General, and in respect of the 

supply from such office of certified copies of entries in the 

Registers of Births, Deaths and Marriages. 

(8) The Registrar-General shall, in addition to the 

Adopted Children Register and the index thereof, keep 

such other registers and books, and make such entries 

therein as may be necessary, to record and make traceable 

the connexion between any entry in the Register of Births 

which has been marked “adopted” pursuant to this Act 

and any corresponding entry in the Adopted Children 

Register, but such last-mentioned registers and books shall 

not be nor shall any index thereof be open to public 

inspection or search, nor, except under an order of a court 

of competent jurisdiction, shall the Registrar-General 

furnish any person with any information contained in or 

with any copy or extract from any such registers or books. 

(9) The Registrar-General may, on the application 

in writing of a person who was adopted prior to the 5th day 

of March, 1964, amend the adopted Children Register by 

inserting therein in the appropriate place the surname where 

known of the applicant prior to his adoption, as recorded 

in the adoption order. 

(10) The Registrar-General may, on application to hhn 

in writing by or on behalf of a person adopted prior to the 

1st day of December, 1983, deem the location of the Court 

that made the adoption order in respect of that person to be 

the place of birth and registration district of that person, 

if the information relating to birth and registration was not 

available at the time when the adoption order was made. 



27 

FIRST SCHEDULE (Section 8 (3) ) 

Adoption of Children Regulations 

1. These Regulations may be cited as the Adoption of Children 

Regulations. 

2. In these Regulations- 

“Board” means the Adoption Board constituted under section 3 

of the Act; 

“case committee” means the committee referred to in section 8 

of the Act; 

“the Act” means the Children (Adoption of) Act. 

3. Every person desirous of adopting a child shall first make 

application to the Board according to Form A in the First Appendix 

and submit with such application the certificate of a registered medical 

practitioner according to Form B in the said Appendix as to the 

physical and mental health of such person: 

Provided that where the adopter is the natural father or mother 2/1964 

of the child he or she shall not be required to submit a certificate s. lot@. 

as aforesaid unless requested by the Board so to do. 

4.-(1) The Board shall furnish the parent or guardian of the child 

with a memorandum according to Form C in the First Appendix and 

shall not proceed further with any negotiations or arrangements for 

the adoption of the child unless the parent or guardian has signed 

and delivered to the Board a certificate (which the Board shall retain) 

according to Form D in the said Appendix to the effect that he has 

read and understood the memorandum and agrees to the terms of the 

last paragraph thereof. 

(2) Where the Board considers it expedient that the identity of 3711974 

a parent or guardian should be kept confidential, or if the parent or S. 6 (b). 

guardian so desires it, the Board may at any time during negotiations 

relating to the adoption assign a serial number in respect of that parent 

or guardian for the purposes of the negotiations and any subsequent 

proceedings in the Court relating to the adoption. 

5. The Board shall make enquiries and obtain reports on the 

matters set out in the Second Appendix and generally on all matters 

appertaining to the welfare of the child, and the report on the health 

of the child shall be signed by a registered medical practitioner. The 

case shall be considered by a case committee appointed by the Board 

for the purpose and consisting of not less than three members of the 

Board. 

6. No child shall be delivered by the Board into the care and possession 

of an adopter until- 

(a) the adopter has been interviewed, and any premises in the 

Island in which the adopter intends that the child should 

me inclusion of this page is authorized by L.N. 55/1984]


211964 

S. lo(b)* 

151 1982 

S. 3 (a). 

reside permanently have been inspected by the case committee 

or by some person on their behalf; 

(b) the case committee have considered the reports required by 

regulation 5. 

7. At least once during every month of the probationary period of 

three months or six months, as the case may be, prescribed by section 

6 or section 10 of the Act, or where an interim order has been made 

under section 12 of the Act, of the period of such order, a representative 

of the Board shall visit the child and also visit or otherwise make 

contact with the parents or guardian of the child and shall report 

upon the case and the result of such visits and contact to the case 

committee. If the case committee so recommend, the Board shall 

immediately remove the child from the care and possession of the 

adopter. 

8. The pareat or guardian of a child who is being placed at the 

disposition of the Board with a view to the child being adopted shall 

sign a declaration of consent for medical treatment for the child in 

the form set out as Form E in the First Appendix. 

FIRST APPENDIX 

FORM A 

Application to Board 

I (or We) the undersigned desire to make application to the 

Adoption Board in respect of a 

*Male 

or 

Female 

or the child named 

now residing at 

child, approximately aged 

I ,(or We) hereby undertake that the particulars given below are 

true to the best of my (our) knowledge and belief. 

1. Name(s) 

2. Address(es) 

3. Country of domicile 

4. Date(s) of birth 

5. Religion 

6. Names and addresses of two responsible persons able 

to vouch the character of the adopter@) 

*Delete words which do not apply. 

N.B.-Where the application is made by one or two spouses, their 

marriage certificate must be afbed to this form. 

FORM B 

Medical Examination of the Applicants 

(Where a joint application is made, an examination of each 

applicant is required) 

[Ime inulusion of this page is authorized by L.N. 55/19841


Matters on which injormation should be obtained : 

Name .................................... Age............ Occupation ................ 

Address .................................................................................... 

A. Whether the applicant has sulTered at any time from- 

( 1) Any nervous or mental disorder 

(2) Fits of any kind 

(3) Tuberculosis 

B. Whether he/she is now in good health 

C. Whether there is any relevant family history of mental or physical 

disease 

D. Whether there is any detectable abnormality in the 

(1) Cardio-vascular system (including blood pressure) 

(2) Respiratory system (inciuding chest X-ray if thought desirable) 

(3) Genito-urinary system (including urine tests for sugar and al- 

bumen) 

(4) Alimentary system 

(5) Central nervous system 

(6) Skin 

(7) Eyes 

(8) Ears and hearing 

If so give particulars 

E. General opinion of examining doctor in regard to the applicant’s 

(1) Physique 

(2) Mental and emotional stability 

(3) Psychological suitability to adopt a child 

F. Whether there is any reason to expect that the applicant’s health 

may deteriorate before the child has reached the age of independ. 

ence. 

Signature .................................... Date of Examination ................. 

Qualifications.. .......................................................................... 

FORM C 

Memorandum to be furnished by Board to Parent or Guardian 

proposing, to place child at disposition of Board 

Children (Adoption of) Act 

If an adoption order is made in respect of your child, all your rights 

and duties with regard to the child will be transferred permanently to 

the adopter. If you have taken out an insurance policy against 

funeral expenses for the child, the insurers wil be able to advise you 

whether the policy can be transferred to the adopters, as is often the 

case. 

Dbe idusion of this page is authorized by L.N. 55/1984]


37/1974 

s. 6 (C). 

It is for the adopters to apply for an adoption order, but unless there 

is some special reason to the contrary, the Court which deals with the 

application will not make an order without your consent. The main 

grounds on which an adoption order can be made without the consent 

of a child’s parents or guardians are that they have deserted the child 

or cannot be found or are out of their proper senses or otherwise 

incapable of giving consent or have persistently failed without reasonable 

cause to discharge their obligations as the child’s parents or 

guardians. You may have to appear before the Court in private to tell 

them whether you agree to the adoption. 

FORM D 

Certificate of Receipt of Memorandum to be furnished to Board by 

Parent or Guardian proposing to place Child at disposition of Board 

To: The Adoption Board. 

I hereby certify that I received from the Adoption Board a 

memorandum, Form C, headed “Children (Adoption of) Act”, 

from which I have detached this form of acknowledgment: that I 

have read the memorandum and understand it and agree to the terms 

thereof. 

Signature : 

Address : 

Before.. ................................................. 

Justice of the Peace 

Date 

IS/ 1982 

S. 3 (b). 

FORM E 

Consent for medical treatment of child 

Having placed mylour cldd ...................................................... 

(name of chil4 

at the disposition of the Adoption Board, I/we hereby authorize the 

Board to take such steps as it thinks necessary or desirable for the 

care and supervision of the child including, if the Board thinks the 

health of the child so warrants, the abtaining of medical, surgical, dental 

or other examination or treatment for the child. 

Signature(s) :..................................................... ....... 

Address: ................................................................. 

................................................................. 

................................................................. 

Before :................................................... .=:............ 

Justice of the Peace. 

Da ..................................................... 

nhe inalusion .of this page is authorized by L.N. 55/1984]


SECOND APPENDIX 

PART I. Particulars relating to the child L.N. 272157 

Confidential: On completion forward promptly to Secretary, Adoption 

Board. 

Name. ...................................... Date of Birth.. ........................... 

(Surname) (Christian Names) 

Address. ................................... 

. . 

.Nationality................................. 

Weight at Birth ........................... What Age did Child Walk? ........... 

(State if premature) 

Was Mother's Confinement Normal 

or Instrumental? .................. What Age did Child Talk? ............ 

Child was: (A) Entirely Breast Fed ............ Has Child any Right 

or Interest in 

(B) Partially Breast Fed .......... Property? .................. 

(C) Entirely Bottle Fed .............................................. 

(Strike out as appropriate) 

(If yes, give particulars) 

Was Child Baptised? ................... Child's Life Insurance ................ 

(State type of Policy and Amount) 

Place of Baptism ....................... Why is Child offered for Adoption 

Denomination.. .......................................................................... 

Mother 

FAMILY HISTORY 

Father 

Name ........................................ Name ........................................ 



Address. ................................... .Address..................................... 

Age. ..............Religion............... .Age..............Religion................ 

Marital Status.. .......................... Marital Status ............................ 

Husband's Full Name .................. Wife's Full Name ....................... 

.......................................................................................... 

Sex and Age of Other Children ....... Sex and Age of Other Children ....... 

.......................................................................................... 

.......................................................................................... 

.......................................................................................... 

.......................................................................................... 

.......................................................................................... 

[The indusion of this page is authorized by L.N. 55119841


Mother 

Is there any Family History of- 

FAMILY HISTORY, contd. 

Father 

Is there any Family History of- 

Insanity? ............................... Insanity? ............................... 

Tuberculosis? ......................... Tuberculosis? ......................... 

Other Diseases?. ..................... Other Diseases? ...................... 

Does she consent to Adoption?.. . .Does he consent to Adoption?. .. 

(If no, state Reason) (If no, state Reuson) 

........................................................................................... 

If dead, Date of Death ................. If dead, Date of Death ................. 

Are parents separated?.. ......... ..Is separation order in force?. ............ 

If so, give particulars as to maintenance of child .............................. 

If illegitimate, does father contribute to child's maintenance? ............ 

If so, give particulars ................................................................. 

If child has Guardians, state: 

Name ....................................... Address ...................................... 


Name ....................................... Address ...................................... 


How and by Whom were they Appointed? .................................... 

Do they consent to Adoption? ...................................................... 

(If no, state Reason) 

Are any other Persons Liable to contribute to Child's Support? ......... 

Do they consent to Adoption? ..................................................... 

(If no, state Reuson) 

Signature .................................... Date ........................... 

Adoption Oficer 

nhe inolusion of this page is authorized by L.N. 55/19841


33 

PART XI. Medical Certifiute 

(The medical report must be signed by a registered medical practitioner) 

1. State of nutrition of the child (good, fair, poor). 

2. Are there any evidences of syphilis or other venereal diseases? 

State laboratory tests applied and their results. 

3. Is there any evidence of tuberculosis? 

4. Has the child had fits? If so, state nature. 

5. Is there, or has there been any affection of the skin? 

6. Is there, or has there been any affection of the eyes? Is the 

sight normal? 

7. Has the child had any discharge from the ears, or any serious 

ear trouble, and can it hear well? 

8. Are the nose and throat in healthy condition? 

9. Is there any evidence of disease of heart or lungs? 

10. Has the child normal control of bowels and bladder for its age? 

11. Is the child now suffering from any infectious or contagious 

disease? 

12. Has the child had malaria, typhoid fever, measles, chicken-pox, 

whooping cough, diphtheria, or mumps? 

13. Has the child been vaccinated? 

14. Is the child’s mental and physical development normal for its 

age? 

15. Has the child any physical deformities? 

16. Are behaviour, speech and articulation normal for its age? 

17. If the child has been neglected, or improperly fed, do you 

consider its constitution such that good nursing and proper care 

would make it suitable for adoption? 

18. Give particulars of any condition, not mentioned above, about 

which you consider an adopter should be informed. 

SECOND SCHEDULE (Section 20 (5) ) 

Adoption of Children Rules 

1. These Rules may be cited as the Adoption of Children Rules, 

1956. 

2. In these Rules- 

“applicant” means the person or persons making an application 

for an adoption order under the Act; 



“Board” means the Adoption Board constituted under section 3 

of the Act; 

“Court” has the same meaning as in section 2 of the Act; 

“the Act” means the Children (Adoption of) Act. 

3.-(1) Every application for an adoption order shall be made either 

on originating Summons to the Supreme Court of Judicature or by 

Summons to a Resident Magistrate’s Court for the place where either 

the applicant or the child resides at the date of the application, and 

shall be intituled in the matter of the child and in the matter of the 

Act and there shall be presented to the Court a written statement in 

duplicate according to Form A in the Appendix, accompanied by 

a statement of particulars according to Form B in the said Appendix 

and (except where the applicant is the mother or father of the child) 

written consents according to Form D in the said Appendix. 

(2) Except in a case where the applicant has made a previous 

application to a Court in respect of the same child, or the Court 

specially requires the attendance of the applicant the attendance in 

person of the applicant shall not be necessary for the purpose of 

lodging the aforesaid statement and documents. 

(3) The Board shall lodge in the Court on every application for 

an adoption order the certificate of the parent or guardian of the child 

referred to in regulation 4 of the Adoption of Children Regulations, 

and a statement with respect to the identity of the child in the 

Form C in the Appendix. 

(4) If any person proposing to apply to the Court for an adoption 

order desires that his identity shall be kept confidential. he may, 

before taking out the appropriate summons apply to the Registrar of 

the Supreme Court or, as the case may be, the Clerk of the Resident 

Magistrate’s Court for a serial number to be assigned to him for the 

purposes of the proposed application and such a number shall be 

assigned to him accordingly. 

(5) Unless it appears from the application, or is otherwise shown 

to the satisfaction of the Court, that the applicant does not desire that 

his identity should be kept confidential, the proceedings shall be conducted 

with a view to securing that he is not seen by or made known to 

any individual being a respondent (other than the child or spouse of the 

applicant); and in particular the Court shall direct that the applicant 

(unless his attendance is dispensed with under rule 7) shall attend and 

be heard and examined separately and apart from any such respondent. 

4. If it appears to the Court that the applicant has made a previous 

application under the Act in respect of the same child, the Court 

shall not entertain the application unless satisfied that the previous 

application was made to a Resident Magistrate’s Court and that there 

has been a substantial change in the circumstances. 



5.-(1) The Court shall appoint some person to be guardian cld litein 

of the child in respect of whom the application is made. 

(2) The following persons shall be made respondents, namely, 

the child in respect of whom the application is made, every person 

who is a parent or guardian of the child or has the actual custody 

of the child or is liable to contribute to the support of the child, and 

where the applicant has a spouse who is not also an applicant, the 

spouse of the applicant. 

(3) The Court shall fix a time for the hearing of the application 

and shall issue a notice according to Form E in the Appendix addressed 

to the respondents and shall direct the Board to cause such notice 

to be served on each of them: 

Provided that where the child is in actual custody of any person such 

notice need not be served on the child, but may require such person to 

produce the child to the Court, unless the Court is satisfied by a report 

from the Board that special circumstances exist which render it 

inexpedient or unnecessary that the child shall personally attend before 

the Court. 

(4) Any notice under $hese Rules shall be served upon any 

respondent to whom it is addressed either by delivering a copy to him 

personally or by leaving a copy with some person for him at his last 

known or usual place of abode or by sending by registered post 

to him at his last known or usual place of abode, whether such place 

of abode is in the Island or elsewhere. 

6. All proceedings under the Act shall be made, heard and determined 

in camera. 

7.41) Subject to the provisions of this rule, an adoption order or 

an interim order shall not be made except after the personal attendance 

before the Court of the applicant and the parent or guardian of the 

child; notwithstanding in the case of the parent or guardian, that 

written consent has been obtained or that the Court is asked to dispense 

with consent. 

(2) The Court may waive the requirement under paragraph (1) 

in the case of the parent or guardian of the child, if satisfied that 

any such person cannot be found or is incapable of giving consent 

or if for any reason the Court thinks it is right or desirable that 

this requirement should be waived. 

(3) In any case where the Court dispenses with the personal 

attendance of any person the written consent of that person verified by 

a declaration purporting to be made before and signed by a Justice 

of the Peace shall be prima fade evidence of such consent. 

(4) In the case of a joint application for an adoption order or an 

interim order, the Court may, if it thinks fit, dispense with the personal 

attendance of one spouse if his or her application be verified by a 

declaration purporting to be made before and signed by a Justice of 

the Peace. 



8. Subject to the provisions of this rule and of rules 7 (4) and 

12 (3) (b), the Court may direct that the applicant or any respondent 

shall attend and be heard and examined separately and apart from the 

other parties to the application : 

Provided that no such direction shall be given unless- 

(a) the Court is satisfied that the giving of the direction is 

desirable and will not prejudice the determination of any 

question involved; and 

(b) the consent of the applicant or respondent to whom it is 

proposed that the direction shall be given and of all other 

parties to the application is first obtained. 

9. On any adjournment of the hearing, the Court may issue to any 

respondent not in attendance a notice of the time and place to which 

the hearing is adjourned and may direct the Board to cause it to -be 

served. 

10. If owing to special circumstances an application appears to a 

Resident Magistrate’s Court to be more fit to be dealt with by the 

Supreme Court, such Court may, on that ground expressly, refuse to 

make an order. 

11.-(1) An adoption order or an interim order shall be drawn up 

in Form F or Form G in the Appendix, as the case may require. 

(2) No copy or duplicate of such order shall be given to or 

served upon any person other than the applicant and the Registrar of 

the Supreme Court or Clerk of a Resident Magistrate’s Court, as the 

case may be, except by special direction of the Court. 

(3) An interim order shall include such provision for the 

maintenance and education of the child and such terms as regards 

the exercise of supervision by the Board or otherwise as the Court 

may think fit. 

12.-(1) Where the determination of an application has been 

postponed and an interim order has been made, the applicant shall at 

least two months before the expiration of the order apply to the Court 

which made the interim order to proceed with the determination of the 

application and it shall thereupon be lawful for the Court to fix a time 

for the further hearing of thz application and to issue a notice in the 

Form H in the Appendix, addressed to the respondents and to 

direct the Board to cause such notice to be served on each of them: 

Provided that where the child is in the actual custody of the applicant 

the notice need not be served on the child. 

(2) Subject to the provisions of this rule, where the applicant 

so applies, an adoption order shall not be made unless the applicant, 

the child and a representative of the Board have attended the further 

hearing. 

[The inulusion of this page is authorized by L.N. 55/19841


(3) (U) The Court may waive the requirement under paragraph 

(2) in the case of the child if satisfied by a report 

from the Board that special circumstances exist which 

render it inexpedient or unnecessary that the child shall 

personally attend before the Court; 

(b) in the case of a joint application, the Court may, if 

it thinks fit, dispense with the personal attendance of 

one spouse, if his or her application be verified by a 

declaration purporting to be made before and signed by 

a Justice of the Peace. 

13. On the making of an interim order or on the determination of 

the application the Court may make such an order as to costs as it 

may think just and in particular may order the applicant to pay the 

out-of-pocket expenses incurred by the guardian ad Zifem or incurred 

in attending the Court by any other of the respondents, or such part 

thereof as the Court thinks proper, and such costs or expenses shall 

be recoverable summarily a3 a civil debt. 

14.-(1) Upon the making of an adoption order, the Registrar of the 

Supreme Court or the Clerk of the Resident Magistrate’s Court, as the 

case may be, shall within seven days from the date thereof send a 

duplicate or a certified copy of the order to the Registrar-General and 

shall also, subject to the payment by the applicant of any fee required 

by law, deliver or send a duplicate or certified copy to the applicant. 

(2) The duplicate or certified copy, if sent by post. shall be sent 

by registered post. 

15. Subject to the foregoing rules, the Rules of the Supreme Court 

of Judicature shall apply in respect of all proceedings under the Act 

in the Supreme Court and the Judicature (Resident Magistrates) Act 

(subject to such adaptation, to such extent, as required for the 41/1975 

purposes of subsection (4) of section 4 of the Judicature (Family 2ndSch* 

Court) Act) shall apply in respect of all proceedings under the Act 

in a Resident Magistrate’s Court as if the application were a complaint 

and the respondents were defendants and the notice under 

rule 5 were a summons. 

Appeals 

16. The Board shall if so required by any person entitled under the 

Act to appeal (hereinafter called “the appellant”) deliver to him and 

file in their proceedings a statement of the reasons for their decision. 

17. The appellant who desires to appeal against a decision of the 

Board shall within fourteen days after the receipt by him of the 

notification of the Board’s decision file with the Registrar at the 

Registry of the Supreme Court a notice in writing to that effect in 

the Form I in the Appendix (hereinafter called a “notice of appeal”) 

stating therein- 

(a) the grounds of his appeal; 

me inalusion of this page is authorized by L.N. 55/1984]


(b) his address for service; 

(c) the names and addresses of the persons intended to be served. 

18. In every notice of appeal the persons referred to in rule 5 (2). 

except the appellant shall be named as respondents, each of whom 

shall be served with a copy of the said notice by the appellant within 

fourteen days after the receipt by him of the notification of the Board's 

decision. 

19. On the filing of a notice of appeal, the Registrar shall- 

(a) enter the appeal in the Books of the court and fix a day 

for the hearing of the appeal by a Judge in Chambers; and 

(b) serve on the appellant and on each of the respondents a 

notice in thg Form J in the Appendix by delivering it or 

posting the same to them at their respective addresses. 

20. Forthwith upon the serving of the notice of appeal, or as soon 

as may be, thereafter, the Registrar shall request the Board to furnish 

him immediately- 

(a) the reasons for the Board's decision: 

(b) all the relevant reports and correspondence, and answers to 

the enquiries on the matters set out in the Second Appendix 

to the Regulations mentioned in the First Schedule to the 

Act or copies thereof; 

(c) any other information on which the Board based its decision, 

and the appellant, should he desire to do so, may obtain copies of 

the same from the Registrar on payment of the fees prescribed by 

the Rules of the Supreme - Court for office copies of documents in the 

Registry. 

21. Every appeal shall be 

Supreme Court shall apply 

these Rules. 

by way of rehearing, and the Rules of the 

thereto unless it is otherwise provided in 

APPENDIX TO SECOND SCHEDULE 

FORM A Rule 3 (1) 

Application for an Adoptioit Order in respect of a child named 

known to the Adoption Board as Case No. 

To the 

court. 

I (or We), the undersigned 

resident at 

hereby state: 



1. I am (or We are) desirous of being authorized under the 

provisions of the Children (Adoption of) Act, to adopt 

a child of the sex, resident at 

in .the Island hereinafter called “the child”. 

2. The child was on the date of coming into force of the said Act Delete 

in my (or our) custody and was being brought up, maintained and exceptin 

educated by me (or us) as my (or our) child under a de facto adoption zjzzof 

and had been in my (our) custody and had been so maintained and adoption. 

educated for a period of not less than 2 years before that date, to wit, 

from and after the day of 19 . 

3. The child has been in my (our) care and has been brought up. 

maintained and educated by me (us) since 

4. We are mamed to each other; 

(or I am unmarried) 

(or I am married to 

whose written 

consent to the making of the order is appended hereto). 

5. I am (or We are) domiciled in the Island. 

6. I (or We) have not received or agreed to receive. and no person 

has made or given or agreed to make or give to me (or us). any 

payment or other reward in consideration of the adoption (except as 

follows : 1. 

7. I (or We) have made no previous application under the said Act 

in respect of the child to any Court (other than the application made 

to the Court at on the 

day of 19 , mbich was dealt 

with as follows, viz.: ). 

8. The particulars furnished in this application and in the attached 

form are true and complete and I am a (or we are) fit and proper 

personh) to maintain and bring up the child suitably. 

In witness whereof I (or we) have signed this statement on the 

day of , 19 

Signature of Applicant(s) 

(giving full Christian names). 

FORM B Rule 3 (1) 

Particulars to be furnished with Application for Adoption Order 

Name in full 

Address 

Occupation 

Date of birth 

Age last birthday 

Relationship (if any) to the child 



21 1964 

S. 11 (a). 

These particulars are to be furnished by both male and female 

applicant, if the application is being made by two spouses. 

FORM C Rule 3 (3) 

Statement to be lodged in Court by Board on every Application 

for an Adoption Order 

Statement by Adoption Board of identity of child now named 

known to the Adoption Board as 

Case No. 

To the 

court: 

1. I, , being a member of the Adoption 

Board of Jamaica hereby certify that the child abovenamed Adoption 

Board Case No. , is the child formerly known as 

2. The father of the child is , now resident at 

, whose written consent to the making of an 

adoption order is appended hereto; and the mother of the child is 

, now resident at 

, whose 

written consent to the making of the adoption order is appended hereto. 

3. The child was born on the day of 19 

and is identical with the child to whom the attached certified copy oi 

an entry in the Register of Births relates. 

4. The child has never been married. 

*5. The guardian(s) of the child is (or are) 

S 

of 

, whose written consent(s) to the 

making of an adoption order is (or are) appended hereto. 

*6. The child is in the actual custody of 

s 

of 

, whose written consent to the making of 

an adoption order is appended hereto. 

* 7. , of , is (or are) liable 

CO contribute to the support of the child and his (or their) written 

consent(s) to the making of an adoption order is (or are) appended 

here t 0. 

Signature of Member of Adoption Board. 

Dated 

*Delete whichever is not appiicable. 

FORM D Rule 3 (1) 

Consent of Parent or Guardian of Child 

Consent to an Adoption Order in respect of a child formerly named 

and known to the Adoption Board as Case No. 

[The incilusion of this page is authorized by L.N. 55/1984]


An application to 

Court being made for an order 

authorizing the adoption, under the provisions of the Children (Adoption 

Of) Act, of the said child. 

I (We) the undersigned , of Delete all 

being- 

but one of 

these des- 

(a) the father of the child 

criptions, 

except in 

(b) the mother of the child 

the case of 

(c) a guardian of the child 

father and 

mother con- 

(d) a person (acting on behalf of a body) having the actual seating 

custody of the child 

jointly 

(e) a person (acting on behalf of a body) being liable to contribute 

to the support of the child 

(f) the spouse of the applicant 

(g) serial number 

hereby state that I (we) understand the nature and effect of the 

Adoption Order for which application is made (and that in particular 

I (we) understand that the effect of the order will be permanently to 

deprive me (us) of my (our) parental rights) and I (we) hereby consent 

to the making of an adoption order in favour of the applicant [on 

condition that the religious persuasion in which the child is brought 

up is .................................... ] 

In witness whereof 1 (we) have signed this consent on the 

day of 19 . 

(Signature) 

Signed in the presence of: (Signature) 

(Address) 

(Description) 

(Signature) 

(Address) 

(Description) 

FORM E Rule 5 (3) 

Notice of an application for an Adoption Order in respect of a child see ~ ~ (1). t e 

named (1) (formerly (2) 

known to the Adoption Board as Case No. 

)* kNote(2). 

In the 

court. 

To 

of 

and 

of 

, etc. 

TAKE NOTICE: 

me indusion of this page is authorized by L.N. 55/1984]


sct Note (3). (1) That an application has been made by (3) 

for an order under the Children (Adoption of) Act, authorizing him 

to adopt the said child, being a child of the sex, aged 

years, resident at 

See Note (1). 

See Note (2) (formerly 

sitting at 

of 

(2) That the said application will be heard before the 

Court sitting at 

on the 

day of , 19 , at the hour of in the 

noon and that you are severally required to attend before 

the Court (and in the case of 

to produce the 

said child before the Court). 

Dated the day of 19 . 

Notes- 

(1) Insert name or names by which the child is to be known. 

(2) Delete where there is no change of name. Where there is 

change of name insert former names, including surname. 

(3) Where the application is made by two spouses jointly the 

form should be modified; and where under a serial number, 

the serial number should be inserted. 

Adoption Order in respect of a child named 

Application has been made by 

FORM F Rule 11 (1) 

). Before the 

, the 

, 19 . 

(hereinafter 

called the male applicant), a person not under the age of 25 years, 

by occupation , resident at s 

in the Island and domiciled in the Island [and by 

his wife (hereinafter called the female applicant) being the mother of 

the child or a person not under the age of 25 years] [and the applicant 

one of the applicants being the mother/father of the child] [by serial 

number ............... ] that he (or she) is (or they are) desirous of being 

2, 1964 

s. 11 (b). authorized under the Children (Adoption of) Act, 

See Note (3). to adopt 

(formerly 

) a child of the 

See Note (4). 

sex, aged 

Y-. 

resident at 

, in 

37/1974 Jamaica, who has never been married. the child of (See Note (7)) 

S. 7 (a). (and of his wife) (herein 

called the child); 

Delete the And the male (and femde) applicant(s) being (respectively) not less 

wordswhich ihan 25 years old; 

are not 

applicable. (And the male (and female) applicant(s) has (have) attained the 

1/1979 age of 18 years and is (are) a relative(s) of the child); 

1st Sch. 


-


43 

(And the male applicant being the putative father of the child); 

(And the female applicant being the mother of the child); 

And all the consents required by the Act having been obtained or 

dispensed with; 

It is adjudged that the statements made in the application are true; 

(And the following payment or reward is sanctioned, viz.: 1; 

And it is ordered that the applicant(s) be authorized to adopt the 

child; 

(And as regards costs it is ordered that 1; 

And it is directed that the Registrar-General shall make an entry 

recording this adoption in the Adopted Children Register in accordance 

with the particulars set out in the Schedule and shall enter 

the date of birth of the child in column 6 of the said Register as the 

day of 19 . 

And it having been proved to the satisfaction of the Court that the 

child was born on the date last-mentioned and is identical with 

, to whom an entry numbered and made on 

the day of 3 19 , in the 

Register of Births for the Registrar’s district of 

relates, it is further directed that the Registrar-General, in addition 

to making in the Adopted Children Register the entry of the date of 

birth directed above, shall cause the aforesaid entry in the Register 

of Births to be marked with the word “Adopted”. 

See Note (5). 

Name Sex of 

of Adopted Adopted 

Child Child 

(See Note 

(1) 1 

Name and Sur- 

Date of 

Adoption 

Order and 

name, Address Date of Birth of 

and Occupa- Child tion of 

tion of Adopter and Country am by 

or Adopters d Birth which 

made 

-- 

211964 

s. 11 (c). 

151 1982 

s. 4. 

[The inalusion of this page is authorized by L.N. 55/19841


2/ 1964 

S. 11 (d). 

311 1974 

S. 7 (b). 

Notes- 

(1) Insert name or names, including surname, by which the 

child is to be known. 

(2) Delete where there is no change of name. Where there 

is change of name, insert former name including surname. 

(3) Insert Christian name or names by which the child is to be 

known. The surname should not be stated here. 


change of name insert former names not including surname. 

(5) Where no entry relating to the child is found in the Register 

of Births this paragraph should be deleted. 

(6) An adoption order, or copy sent to the Registrar-General is 

required to be drawn up on paper of foolscap folio size, 

thirteen inches by eight inches, and to have a margin, to be 

left blank, not less than one inch wide on the left side of 

the face of the order, and a similar margin in the right side of 

the reverse if any. 

(7) Where a serial number has been assigned to a parent pursuant 

to paragraph (2) of regulation 4. such serial number should 

be inserted instead of the name of the parent. 

FORM G Rule 11 (1) 

See Note (I). Interim Order in respect of a child named 

See Note (2). (formerly 1. 

Before the Court sitting at * 

the day of , 19 . 

Delete Application has been made by (hereinafter 

words called the male applicant) a person not under the age of 25 years, 

which are by occupation , resident at 

not 

in the Island and domiciled in the Island [and by 

his wife (hereinafter called the female applicant) being the mother of 

the child or a person not under the age of 25 years] [and the applicant 

211964 one of the applicants being the mother/father of the child] [by serial 

s. (b). number ........................ ] that he (or she) is (or they) are desirous 

L.N. 252165. 

SeeNote(3). of being authorized under the Children (Adoption of) Aot, to adopt 

See Note (4). 

(formerly 

) a child of the 

sex, aged 

years. 

resident at 

, in 

3711974 

Jamam, who has never been married, the child of (See Note (5)) 

s. 7 (c). (and of , his wife) (hereh 

m e inclusion of this page is authorized by L.N. 55/19841


called the child): And the male (and female) applicant(s) being not 

less than 25 years old; 

(And the male (and female) applicant(s) has (have) attained the Deletethe 

age of 18 years and is (are) a relative(s) of the child); 

(And the male applicant being the putative father of the child); 

(And the female applicant being the mother of the child): 

And all the consents required by the Act having been obtained or 

dispensed with; 

It is adjudged that the statements made in the application are true; 

And the determination of the application is postponed and it is 

ordered that the custody of the child be given to the applicant(s) for 

a period not exceeding two years, viz., until the 

day of 

, 19 , by way of a probationary period 

upon the following terms, viz., 

, and that the 

applicant(s) shall at least Nu months before that date apply for a 

determination of the application; (And as regards costs it is ordered 

that ). 

Notes- 

(1) Insert the name or names, including surname, by which the 

child is to be known. 


change of name, insert former name including surname. 

(3) Insert Christian name or names by which the child is to be 

known. The surname should not be stated here. 

words which 

are not 

applicable. 

1/1979 

1st Sch. 

(4) Delete where there is no change of name. LN. 

Where there is change of name insert former names not 25211965. 

including surname. 

(5) where a Serial number has been assigned to a parent pursuant 37/1974 

to paragraph (2) of regulation 4, such serial number should s 7 (d). 

be inserted instead of the name of the parent. 

FORM H Rule 12 (1) 

Notice of Further Hearing oj an application for an Adoption Order k~~k(1) 

in respect of a child named (1 j 

cformrzy See Note (2) 

(2) ). 

Before the 

Court sitting at 

the day of , 19 . 

To of and 

of , etc. 

me inclusion of this page is authorized by L.N. 55/1984]


TAKE NOTICE: 

SeeNote(3). (a) That an application was made by (3) for 

an order under the Children (Adoption of) Act, authorizing him to 

adopt the said child, being a child of the 

sex. then aged 

years. 

(b) That the determination of the said application was postponed 

and an interim order was made by the 

court 

sitting at on the day of 

,I9 . 

(c) That the said application will be further heard before 

court sitting at 

, on the 

day of , 19 , and that it 

is open to you to attend before the Court. 

Dated this day of , 19 . 

Notes- 

(1) Insert name or names, including surname by which the child 

is to be known. 


change of name, insert former name, including surname. 

(3) Where the application was made by two spouses jointly the 

form shouw be modified. 

Notice of Appeal 

FORM I Rule 17 

In the Matter of the Appeal of (an Adopter or Parent or Guardian 

as the case may be) against a Decision of the Adoption Board 

and 

In the Matter of the Children (Adoption of) Act 

I. being aggrieved at the decision of the Board 

dated the day of , 19 ,that the 

adoption of 

a male/female child by 

would not be in the best interest of the 

child, do hereby appeal against such decision on the followmg 

PoUdS- 

(Here set out reasons for appeal) 

I request you to enter my appeal for hearing. 

The name and address of the respondent are- 

My address for service is: 


(Signed) 

Appellant 

To : 

(Name and address of Respondent) 

FORM J 

Rule 19 (b) 

In the Matter of the Appeal of (an Adopter or Parent or Guardian 

as the case may be) against a Decision of the Adoption Board 

and 

In the Matter of the Children (Adoption of) Act 

m e indusion of this page is authorized by L.N. 55/19841


TAKE NOTICE that the appeal in this matter from the decision of the 

Adoption Board dated the 

day of 

19 , will be heard by a Judge in Chambers at the Supreme Court od 

Judicature on day of s 19 

at the hour of in the forenoon, and that if you do noi 

attend at the time and place above-mentioned, such order will be made 

as the Judge thinks fit. 


Registrar 

THIRD SCHEDULE (Section 24) 

The Adoption of Children (Transfer Abroad) Rules 

1. These Rules may be cited as the Adoption of Children (Transfer 

Abroad) Rules. 

2. An application for a licence under section 24 of the Act 

authorizing the care and possession of a child, being a citizen of 

Jamaica, for whose adoption arrangements have been made to be 2/1964 

transferred to a person resident outside the Island may be made by a S. 12 (a). 

parent or guardian of the child or by the Board. 

3. Notice of the application shall be given in the form numbered 

1 in the Appendix to the Resident Magistrate of the parish in 

which the application is to be heard. 

4. The Resident Magistrate shall cause a copy of the notice to be 

sent to a Jamaican or British consular officer or to some other person 

abroad who appears to the Resident Magistrate to be trustworthy, and )j7iM3. 

shall request the officer or person to report whether the person to 

whom the care and possession of the child is proposed to be transferred 

is a suitable person to be entrusted therewith. 

5. Upon receipt of a report from the Jamaican or British consular LN. 

officer or other person referred to in rule 4, the Resident Magistrate 31/1%3* 

shall fix a time for the hearing of the application and shall send 

to the applicant a notice in the form numbered 2 in the Appendix. 

6. A copy of the notices referred to in rules 3 and 5 shall be 

served by the applicant upon the child, the Board and upon every 

person who is a parent or guardian of the child, or who has the 

actual custody of the child, or who is liable to contribute to the support 

of the child: 

Provided that the Resident Magistrate may dispense with the service 

required by this rule of a copy of the notices- 


48 CHILDREh! (ADOPTION OF) 

(a) upon any person other than the child, if he is satisfied that 

that person cannot be found; and 

(b) upon the child, if he thinks fit having regard to the age and 

understanding of the child. 

7. The Resident Magistrate may issue a notice in the form numbered 

3 in the Appendix requiring any person who has the actual custody 

of the child to produce the child at the hearing of the application 

and the applicant (unless he himself has the actual custody of the 

child) shall serve the notice upon that person. 

8.-(1) The service of any document under rule 6 or 7 may be 

effected by delivering it to the person to be served or by sending 

it by registered post to him at his last known or usual place of 

abode. 

(2) The service of any such document as aforesaid may be proved 

by the production of a declaration in the form numbered 4 in the 

Appendix or in a form to the like effect purporting to be made 

before a Justice of the Peace. 

9.41) The persons upon whom a copy of the notices referred to in 

rule 6 is required by that rule to be served may attend at the 

hearing of the application and shall be entitled to be heard. 

(2) The consent of a person to the making of the application, if 

given in writing, may be proved by the production of a declaration 

in the form numbered 5 in the Appendix or in a form to the like 

effect purporting to be made and signed by that person before a 


10. The Resident Magistrate hearing the application may require 

any person attending for the purpose of making or opposing the application 

or giving evidence in the matter to be sworn. 

11. Any licence granted under section 24 of the Act shall be in 

the form numbered 6 in the Appendix. 

APPENDIX 

1. 

Form of notice of an application for a licence (Rule 3) 

under section 24 of the Children (Adoption of) Act 

TO THE RESIDENT MAGISTRATE OF THE PARISH OF 

I hereby give notice that I intend to apply for a licence under 

section 24 of the Children (Adoption of) Act, in respect of a male 

(female) child named 

aged 

years, born on the 

, 19 . 

[The indusion of this page is authorized by L.N. 55/1984] 

day of


The child is a citizen of Jamaica and is the subject of arrangements 211964 

for his (her) adoption as follows (here set out the arrangements). S. 12 (b) (i). 

*The father of the child is 

of *If the 

father or 

.a 

subjects aged mother is 

years. 

dead the 

fact should 

*The mother of the child is 

of bestated. 

,a 

subject, aged 

years. 

**The guardian of the chld is 

.a 

years. 

The child is at present in the actual custody of 

Of 

of **Strike out 

subject, aged th&iPr;it 

does not 

apply. 

t The following persons are liable to contribute to the support of tIf no perthe 

child. 

sons are 

!fable write 

1. of none”. 

2. of 

If anyone 

is liable, 

The person to whom the care and possession of the child is proposed ~ ~ ~ o ~ ~ 

to be transferred is 

, a citizen Of a theliability. 

scheduled country as defined in section 23 of the Act, 

21 1964 

S. 12 (b) (i). 

resident at 

$ The following hancial arrangements have been made (or are $Givefull 

contemplated) in consideration of the transfer of the care and possession particulars. 

of the child (here set out the arrangements). 

If there are 

no arrange- 

My full name, address and ~ t i ~ ~ are- l i t ~ ’ 

ments. write 

“none”. 

aod I am making this application as8 

%Insert 

capacity, 

Signature of Applicant. 

......................................... 

i.e., parent, 

Date.. ........................................... guardian or 

person concerned 

in 

2. making 

arrange- 

Form of Notice of hearing 

(Rule 5) mentsfor 

the 

To the applicant for a licence under section 24 of the Children adoption. 

(Adoption of) Aot (to the child to whom the application relates); 

and to any person who is a parent or guardian of the child, or who 

has the actual custody of the child, or who is liable to contribute to 

the support of the child and to the Board: 

Take notice that an application by 

for a licence under section 24 of the Children (Adoption of) Act, 

authorizing the care and possession of 

[The idusion of this page is authorized by L.N. 55/19841

50 


21 1964 

S. 12 (b) (ii). 

for whose adoption arrangements have been made to be transferred 

to 

a citizen of a scheduled 

country as defined in section 23 of the Act, resident 

outside the Island at 

, wil be heard at 

Court on 

day, the 

day of 19 , at the hour of 

in the fore(after)noon, and further take notice that you may abtend 

the hearing of the said application, and may, if you wish, either 

support or oppose the granting of a licence. 

Dated the day of , 19 . 

Signature of Resident Magistrate.. ..................................... 

21 1964 

S. 12 (b) (i). 

3. 

Form of Notice requiring production ot child at the hearing 

of an application 

mule n 

To the person having the actual custody of the child in respect of 

whom an application for a licence under section 24 of the Children 

(Adoption of) Act, is to be made: 

Take notice that you are required to produce * 

a child in your custody, at the hearing at 

court 

on 

day, the 

day of 

s 

19 , at the hour of in the fore(after)noon in respect of an 

application by 

for a licence under 

section 24 of the Children (Adoption of) Act, authorizing the care 

and possession of the said child for whose adoption arrangements 

have been made to be transferred to 

a 

citizen of a scheduled country as defined in section 23 of the Act 

resident outside the Island at 

Dated the day of 19 . 

signature of Resident Magistrate.. ..................................... 

4. 

Form of Declaration of Service (Rule 8 (2)) 

I. of 

hereby declare that I did on the day of . 

19 , serve of 

[Tb idusion of this page is authorized by L.N. 55/1984]


with a copy of the notice of application for a licence under section 24 

of the Children (Adoption of) Act, in respect of the child 

nametj 

, and of the notice of hearing of 

the said application at 

Court on the 

day of 19 , at the hour of 

in the fore(after)noon (*and a notice requiring the production Of the *Strikeout 

said child at the said hearing) by- 

these words 

if they do 

(i) delivering the said document(sj to 

not apply. 

Personally. 

(ii) sending the said document(s) by registered post to 

at 

, being his (her) 

last known or usual place of abode. 

Declared before me the 

19 . 

day of 


5. 

Form of consent to the making of an application (Rule 9) 

I, of +*Strike out 

the words 

being **the father, mother, guardian, person having the actual custody, whichdo 

a person liable to contribute to the support, of the child named notapply. 

with respect to whom the application 

is to be made at 

Court by 

on the day of , 19 , for 

the grant of a licence under section 24 of the Children (Adoption of) 

Act, authorizing the care and possession of the said child 

for whose adoption arrangements have been made to be transferred 

to 

a citizen of a scheduled 2,1964 

country as defined in section 23 of the Act, resident outside the s 12(b)(iv). 

Island at 

do hereby declare that I 

consent to the making of the said application. 

In witness whereof I have signed this consent on the 

day of ,19 . 

Signature. ............................................ 

Before.. ........................................ 

Justice of the Peace 

m e indusion of this page is authorized by L.N. 55/1984]


6. 

Form of Licence (Rule 11) 

WHEREAS application has been made this 

day of 

19 , by of 

, for a licence under section 24 of the 

Children (Adoption of) Act, to authorize the care and possession 

of a child aged years, born as far as can be ascertained 

on the day of , 19 , to be 

211964 transferred to a citizen of 

S. 12(b)(v)- a scheduled country as defined in section 23 of the Act resident 

outside Jamaica, that is to say, at 

AND WHEREAS I, the undersigned, have heard the said application 

and am satisfied that all he consents required by the said section 

have been given or dispensed with, and am further satisfied by the 

report of 

that the aforesaid 

is a suitable person to be entrusted with the 

care and possession of the said child, and that the transfer is likely to 

be for the welfare of the said child: 

AND WHEREAS I am further satisfied that the aforesaid application 

is made in connection with arrangements which have been made 

for the adoption of the said child by 

of 

Now, THEREFORE I, the undersigned, do hereby grant, subject to 

the conditions and restrictions set out in the Schedule hereto, this 

licence authorizing the care and possession of the said 

to be transferred to the said 

, and I do 

hereby authorize the making and receipt of payments as follows- 

Resident Magistrate of the parish 

of 

SCHEDULE 

The conditions and restrictions referred to above are- 


~~ ~ - 

I 

FOURTH SCHEDULE 

FORM A 

(Section 25(2)) 

3711974 

S. 8 (a). 

(3) 

Name of 

Adopted 

Child. 

:Enter name 

as stated 

n Adoption 

Order) 

(4) 

Sex 

of Adopted 

Child. 

(Enter 

ex as stated 

n Adoption 

Order) 

(5) 

Name and 

Surname, Address 

and Occupation 

of Adopter or 

Adopters. (Enter 

name, address and 

occupation as stated 

in Adoption Order) 

(6) 

Date of Birth 

of Child and 

country of 

birth 

(7) 

Date of Adoption 

Order and description 

of Court by 

which made. 

(Entry to be made 

as " p e g in the 

Adoption Order) 

(8) 

Signature of 

Officer deputed 

by Registrar- 

General to 

attest the 

Entry 

I 

wl 

w


371 1974 

s. 8 (b). 

FORM B (Section 25(6) ) 

CERTIFICATE OF BRTH 

Registration No.. ....................................................................... 

Registration district.. ................................................................... 

Name of child ........................................................................... 

Surname of child.. ........................................ Sex.. ...................... 

Date of birth ............................................................................ 

Place of birth ........................................................................... 

It is hereby certified that the above particulars arc truly copied 

from the Entry No ..................................................................... 

and made on ........................................................................... 

the Register Book ...................................................................... 

Given at the General Register Office, Spanish Town, Jamaica, under 

the seal of the said office this ............... day of ............................... 

199. ..... 

Registrar-General 

2/ 1964 

S. 13. 

L.N. 

15911976. 

L.N. 

4ZC11991 

Any Commonwealth country. 

The United States of America. 

Sweden. 

Denmark. 

FIFTH SCHEDULE 

(Section 71) 

[The inclusion of this page is authorized by 8L.N. 90/1993]

THE CHILDREN (ADOPTION OF) ACT

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